CompFox AI Summary
The Workers' Compensation Appeals Board granted reconsideration and rescinded the previous award, finding that the defendant's evidence regarding the applicant's intoxication, including expert testimony and a doctor's report, should not have been excluded. The exclusion was based on discovery closure rules which the Board determined were not properly applied given subsequent reopenings and disclosures. The case is returned to the trial level for admission of the controverted evidence and a new decision.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted reconsideration and rescinded the previous award, finding that the defendant's evidence regarding the applicant's intoxication, including expert testimony and a doctor's report, should not have been excluded. The exclusion was based on discovery closure rules which the Board determined were not properly applied given subsequent reopenings and disclosures. The case is returned to the trial level for admission of the controverted evidence and a new decision.
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